Page:United States Statutes at Large Volume 104 Part 2.djvu/117

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PUBLIC LAW 101-474—OCT. 30, 1990 104 STAT. 1097 Public Law 101-474 101st Congress An Act To establish a comprehensive personnel system for employees of the Administrative Office of the United States Courts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Administrative Office of the United States Courts Personnel Act of 1990". SEC. 2. GENERAL PERSONNEL AUTHORITY. The Director of the Administrative Office of the United States Courts (hereinafter in this Act referred to as the "Director") may appoint, fix the compensation of, assign, and direct such personnel as the Director determines necessary to discharge the duties and functions of the Administrative Office. SEC. 3. ESTABLISHMENT OF PERSONNEL MANAGEMENT SYSTEM. (a) The Director shall, by regulation, establish a personnel management system for the Administrative Office which provides for the appointment, pay, promotion, and assignment of all employ- ees on the basis of merit, but without regard to the provisions of title 5, United States Code, governing appointments and other personnel actions in the competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. The system shall apply to all Administrative Office employees except those referred to in section 603 of title 28, United States Code, and shall, at a minimum— (1) provide for a schedule of pay rates applicable to all employ- ees; except as provided in paragraph (10), the basic pay of any person appointed under this section shall not exceed the rate of basic pay for level V of the Executive Schedule; (2) incorporate pay comparability principles as set forth in section 5301(a) of title 5, United States Code; (3) provide for the adjustment of the pay of employees at the same time and in the same percentage amount as rates of basic pay are adjusted for General Schedule and prevailing rate employees, as appropriate; (4) establish procedures for employee evaluations, the granting of periodic pay adjustments, incentive awards, and resolution of employee grievances; (5) establish procedures for disciplinary actions, including reduction in grade or pay, suspension, and removal, based on unacceptable performance or misconduct, except that— (A) such procedures shall be consistent with— (i) section 4303 of title 5, United States Code, to the extent that they relate to adverse actions based on unacceptable performance; and Oct. 30, 1990 [H.R. 4174] Administrative Office of the United States Courts Personnel Act of 1990. 28 USC 602 note. 28 USC 602 note. 28 USC 602 note. Regulations. Wages. 49-139 O - 90 (474)